[Get a Free Confidential Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) # San Antonio Domestic Violence Lawyer Dropping the Charges Isn't Up to Your Accuser. It's Up to the State. Police were called, someone was arrested, and now the person who made the call has changed their mind and discovered they cannot undo what they’ve started. Austin Hagee handled family violence cases as a prosecutor for the Bexar County District Attorney’s Office in the Special Victims Unit. He knows how these files get built, what makes the State let go of them, and what quietly follows a client for the rest of their life if they take the wrong deal. And now he uses that advanced knowledge to protect the rights of his clients. ## A Former Family Violence Prosecutor on Your Side Texas treats violence between people in a relationship more severely than the same conduct between strangers, and the system is built to move forward with or without the complaining witness. Most of the people we represent are not the villains the paperwork suggests. They are spouses and partners whose argument got loud enough that a neighbor called, couples who have since reconciled, and people arrested because an officer had to pick someone that night. - Former Prosecutor Former Bexar County Felony and Family Violence Prosecutor - 350+ Cases Dismissed - Free Consultations New Client Inquiries Answered 24/7 ## A Former Family Violence Prosecutor on Your Side Texas treats violence between people in a relationship more severely than the same conduct between strangers, and the system is built to move forward with or without the complaining witness. Most of the people we represent are not the villains the paperwork suggests. They are spouses and partners whose argument got loud enough that a neighbor called, couples who have since reconciled, and people arrested because an officer had to pick someone that night. ## Why Your Accuser Cannot End This Almost every client arrives believing the case disappears once the other person tells the prosecutor they do not want to proceed. It does not work that way in Texas. Charges are the responsibility of the State, not the person who initially called the police. Once police have probable cause to believe family violence occurred, an arrest follows regardless of whether the alleged victim wants one, and the District Attorney's Office decides whether to continue. Prosecutors often assume a recanting witness is being pressured or maybe is stuck in the cycle of domestic violence, which sometimes means a request to drop the case makes them press harder rather than back off. An affidavit of non-prosecution is worth preparing and presenting, and we do prepare them and share them with the prosecution, in the right situations. Understand what it actually is: a sworn statement that the complaining witness does not wish to proceed. It is evidence the prosecutor weighs, not an off switch to the case. Handled carelessly, it can even create new problems, including allegations that someone tampered with a witness. This is work that belongs with your lawyer rather than with the two people involved. ## What Texas Actually Charges Family violence is the legal term here. Domestic violence is what people say, and both describe the same thing: an act intended to cause physical harm, bodily injury, or assault against a family or household member, or a threat that puts them in fear of imminent harm. The relationships covered are broader than most assume. Current and former spouses, parents of a child in common, people who live together or used to, relatives, foster relationships, and current or former dating partners all qualify. Roommates count. | Charge | Classification | | --- | --- | | Assault bodily injury, family violence | Class A misdemeanor | | Assault family violence with a prior family violence conviction | Third-degree felony | | Assault by choking or impeding breath | Third-degree felony | | Choking with a prior family violence conviction | Second-degree felony | | Continuous violence against the family | Third-degree felony | | Aggravated assault with a deadly weapon, family violence | First or second-degree felony | | Violation of a protective order | Class A misdemeanor, felony with priors | | Terroristic threat against a family member | Class A misdemeanor | | Interfering with an emergency call | Class A misdemeanor | Continuous violence deserves a note. Two alleged family violence assaults within twelve months can support a felony charge even when neither of the underlying incidents produced a conviction, and even when neither was reported at the time. ## Before you agree to anything, get a second read on it. Tell us what you have been offered and we will explain what it actually means. The consultation is free and confidential. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) ## What Happens Before You Ever See a Courtroom The consequences start at magistration, long before anyone weighs the evidence. A magistrate can issue an emergency protection order at your first appearance, and must issue one when the allegation involves serious bodily injury or a deadly weapon. That order runs for roughly two to three months, longer where a weapon is alleged, and it can bar you from your own home, from contacting your spouse or partner, from going near their workplace, and from possessing a firearm. Bond conditions frequently add to that: no contact, GPS monitoring, and alcohol restrictions. If you share children with the complaining witness, the practical effect can be separation from them while the case is pending. These orders are not permanent, and they are not beyond challenge. We move early to modify unworkable conditions, and we make sure you understand exactly what the order prohibits, because a violation is a fresh criminal charge that can do more damage than the original allegation. ### Your Firearm Rights End Permanently Federal law imposes a lifetime ban on possessing a firearm after a qualifying domestic violence conviction. That is not a Texas waiting period that expires. For anyone in law enforcement, the military, security work, or hunting, this alone reshapes a life. ### The Record Cannot Be Sealed Texas bars orders of nondisclosure for offenses involving family violence and where an affirmative finding is made. Deferred adjudication does not change that. The only path to a clean record runs through dismissal or acquittal followed by expunction, which is precisely why fighting the case matters more here than in almost any other misdemeanor. ### The Next Allegation Becomes a Felony A prior family violence finding turns an ordinary Class A misdemeanor assault into a third-degree felony, and a choking allegation into a second-degree felony. ### It Follows You Into Family Court Custody and visitation determinations take an affirmative finding seriously, and the finding can be used against you in a divorce or modification. ### Immigration Status Can Be Affected A domestic violence conviction carries removal consequences for non-citizens, and we coordinate with immigration counsel where that applies. ### Licensing Boards See It Nursing, teaching, security, commercial driving, and other credentials can all be affected. ## Why Deferred Adjudication Is Not the Easy Way Out This is the part almost nobody explains before someone signs, and it is the single most important thing on this page. Deferred adjudication is usually presented as a way to avoid a conviction. In a family violence case, the court still enters an affirmative finding of family violence, and that finding carries the consequences people were trying to avoid. ### Your firearm rights end permanently. Federal law imposes a lifetime ban on possessing a firearm after a qualifying domestic violence conviction. That is not a Texas waiting period that expires. For anyone in law enforcement, the military, security work, or hunting, this alone reshapes a life. ### The record cannot be sealed. Texas bars orders of nondisclosure for offenses involving family violence and where an affirmative finding is made. Deferred adjudication does not change that. The only path to a clean record runs through dismissal or acquittal followed by expunction, which is precisely why fighting the case matters more here than in almost any other misdemeanor. ### The next allegation becomes a felony. A prior family violence finding turns an ordinary Class A misdemeanor assault into a third-degree felony, and a choking allegation into a second-degree felony. ### It follows you into family court. Custody and visitation determinations take an affirmative finding seriously, and the finding can be used against you in a divorce or modification. ### Immigration status can be affected. A domestic violence conviction carries removal consequences for non-citizens, and we coordinate with immigration counsel where that applies. ### Licensing boards see it. Nursing, teaching, security, commercial driving, and other credentials can all be affected. Taking the quick deal to make the case go away is understandable. It frequently costs far more than fighting it. ## Locked out of your home, or cut off from your kids? Some bond conditions can be modified, and the sooner someone asks the court, the better that request tends to land. [Ask About Your Bond Conditions](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) ## How These Cases Get Defended Evidence in family violence cases is thinner than the charging paperwork suggests, and testing it is the work. ### What the recording actually shows. The 911 call, body camera footage, and dispatch notes are recorded in the first minutes, before anyone has settled on a version. They routinely contradict the written report, and they capture what each person said when nobody was thinking about a trial. ### Injuries and their explanations. Medical records, photographs, and their timing matter. Injuries consistent with a fall, restraint, or self-defense look different from what an offense report asserts, and sometimes there is no documented injury at all. ### Self-defense and mutual conflict. Officers responding to a chaotic scene often arrest one person because they have to arrest someone. Which person was the aggressor is frequently a real question rather than a settled fact. ### Who has a reason to say this? Allegations sometimes arise during a divorce, a custody dispute, or a breakup, and occasionally the person who started the altercation reports first. Establishing that requires records and witnesses, not accusations. ### Statements you made. People explain themselves to officers believing it will clear things up. Those statements become evidence, and whether they were properly obtained is worth examining. ### Diversion and dismissal paths. Bexar County has counseling and program options that can resolve a first allegation without an affirmative finding. Eligibility is narrow, the window is early, and a defense can shape how the file looks when a prosecutor reviews it for dismissal or to proceed. ## Related Charges - [Assault and violent crimes](https://austinhageelaw.com/service-area/violent-crimes-attorney-san-antonio-tx/) - Protective order defense - [Expunction and record sealing](https://austinhageelaw.com/service-area/record-sealing-attorney-san-antonio-tx/) - [Juvenile defense](https://austinhageelaw.com/service-area/juvenile-defense-attorney-san-antonio-tx/) ## Told the charge cannot be dropped? A former Bexar County family violence prosecutor will tell you what the State can actually do, on a free and confidential call. [Request a Free Consultation](https://austinhageelaw.com/contact/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Real Results: 350+ Cases Dismissed for Our Clients Dismissal is the outcome that leaves a record that can be cleared. It is what we aim at. - Dismissed Charge ### Assault – Bodily Injury – Family Violence December of 2025 - Dismissed Charge ### Continuous Family Violence January of 2026 - Dismissed Charge ### Assault – Choking/Strangulation – FV September of 2025 - Dismissed Charge ### Violation of Protective Order November of 2025 [See If Your Case Can Be Dismissed](https://austinhageelaw.com/contact/) Past results do not guarantee a similar outcome. Every case is different. ## Top-Tier Defense Shouldn't Be Out of Reach A charge that can cost you your home, your children, and your firearm rights is not the place to settle for whoever is assigned. We quote a flat fee in writing before you hire us, then finance it ourselves with a low initial payment and monthly terms. [Ask About Payment Options](https://austinhageelaw.com/pay-online/) [(210) 500-3700](tel:+12105003700) Available 24/7 for new inquiries ## Why San Antonio Clients Choose Austin Hagee Law Firm - ### He prosecuted these exact cases Not felonies generally. Family violence specifically, for the Bexar County District Attorney's Office in the special victims unit. He knows how the unit evaluates a recanting witness, what evidence they consider weak, and which cases they let go. - ### He knows what the plea will cost you The lifetime firearm ban, the sealing bar, the enhancement exposure. These get explained before you decide, not after. - ### Court-appointed counsel is not built for this An appointed lawyer carries a heavy docket and is paid to quickly resolve cases. The permanent consequences here reward preparation and the ability to win at trial, and winning at trial takes the proper time to prepare and know your case. - ### Reachable when it happens Arrests do not respect office hours. New client inquiries reach us any hour, any day. ## Meet Austin Hagee, Former Prosecutor and Trial-Tested Defender Before defending the accused, Austin Hagee prosecuted cases as a felony prosecutor for the Bexar County District Attorney’s Office in the criminal trial division and special victims unit. Mr. Hagee graduated from St. Mary’s University School of Law with honors and was inducted into the Order of Barristers. As a trial lawyer, he has been recognized by Super Lawyers, the National Trial Lawyers as a Top 100 Trial Lawyer, SA Current, SA Scene, and Forbes as a distinguished Texas criminal defense attorney. Austin Hagee has first-chaired and won many jury trials, ranging from misdemeanors to first-degree felonies. Austin Hagee has never taken a case to trial and not beaten the pre-trial offer by the other side. In addition to his trial success, Mr. Hagee has used his elite negotiation skills to get hundreds of cases for his clients dismissed, including more than one hundred felony charges. As a former felony special victims unit prosecutor and award-winning criminal defense lawyer, there is no case that Austin isn’t comfortable taking to trial alongside the great attorneys that work at his firm. ## Trial Attorneys [Meet the Full Team](https://austinhageelaw.com/about-us/) - ### [Hannah Hawkins-Cunningham](https://austinhageelaw.com/about-us/hannah-hawkins-cunningham/) Trial Attorney - Purdue University, Bachelor of Arts - Indiana University School of Law, Doctor of Jurisprudence - Order of the Barristers - ### [Kyra Falcone](https://austinhageelaw.com/about-us/kyra-falcone/) Trial Attorney - The University of Texas at Austin, B.A. with double minor - St. Mary’s University School of Law, J.D. - Dean’s Scholarship Recipient - ### [Jeremy Best](https://austinhageelaw.com/about-us/jeremy-best/) Trial Counsel - Texas State University, B.A. Business Finance - St. Mary’s University School of Law – Juris Doctor Degree - All Texas Courts – 2016 - ### [Niklaus B. Orosco](https://austinhageelaw.com/about-us/niklaus-b-orosco/) Associate Attorney - University of the Incarnate Word, B.A. in Psychology with a Neuroscience concentration, magna cum laude, 2021 - St. Mary’s University School of Law, J.D., 2025 - Former Assistant District Attorney, Bexar County Criminal District Attorney’s Office - ### [Ruby Livas](https://austinhageelaw.com/about-us/ruby-livas/) Paralegal - University of Texas at San Antonio, Bachelor of Arts in History - Texas A&M University Corpus Christi, Certification in Elementary Education - University of Texas at San Antonio, Paralegal School - ### [Ana Sofia Mohamed](https://austinhageelaw.com/about-us/ana-sofia-mohamed/) Legal Assistant - New York University, Bachelor of Arts in Political Science - Bilingual in English and Spanish ## Where We Defend These Cases Our office is on Austin Highway, minutes from the Bexar County courts where family violence cases are heard. We also appear in the surrounding counties, including Comal (New Braunfels), Guadalupe (Seguin), Hays (San Marcos), Kendall (Boerne), and Atascosa (Pleasanton). See San Antonio criminal defense or our full areas we serve. ### Our Office 120 Austin Hwy #103 San Antonio, TX 78209 [See All Areas We Serve](https://austinhageelaw.com/service-area/) Boerne New Braunfels San Marcos Seguin Atascosa County Our Office ## Frequently Asked Questions - My spouse wants to drop the charges. Can they? No. The decision belongs to the District Attorney’s Office. An affidavit of non-prosecution tells prosecutors what the complaining witness wants, and it can influence the outcome, but it does not end the case by itself. - Is domestic violence the same as family violence in Texas? Family violence is the statutory term. Domestic violence is the everyday phrase for the same conduct. Courts, police reports, and prosecutors use family violence, which is why you will see it throughout your paperwork. - Can I go home? Not while an emergency protection order or a no-contact bond condition is in place, even if the residence is yours and even if the other person invites you. Returning creates a new charge. We work to modify those conditions and get your home where the facts support it. - Will I lose my right to own a gun? A qualifying domestic violence conviction triggers a lifetime federal firearm prohibition, and a family violence finding through deferred adjudication carries the same effect. This is one of the strongest reasons to fight the charge rather than resolve it quickly. - Can this case ever be sealed? Not through a nondisclosure order, because Texas bars sealing for family violence findings. Expunction is available after a dismissal or an acquittal, which makes the outcome of the case the deciding factor in whether your record can ever be cleared. - There were no injuries and no marks. Why was I arrested? Visible injury is not required. An allegation of offensive contact or a threat can support a charge, and officers responding to a family violence call generally make an arrest when they have probable cause. - What if we have both been arrested before, or we have children together? Prior allegations and shared children both raise the stakes, through enhancement exposure on one side and custody consequences on the other. Bring us the full history, not the version you think sounds better. - Should I talk to the detective who called me? Not before speaking with a lawyer. Investigators contact people precisely because a statement helps the State, and explaining your side rarely produces the outcome people hope for. ## The Case Will Move Forward Without You. Your Defense Won't. Call us or request your free, confidential consultation online. We answer new client inquiries 24 hours a day. --- Austin Hagee Law Firm — [https://austinhageelaw.com/service-area/domestic-violence-attorney-san-antonio-tx/](https://austinhageelaw.com/service-area/domestic-violence-attorney-san-antonio-tx/)